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U.S. v. DAVID

No. 87-8555 Non-Argument Calendar.

844 F.2d 767 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Lowden DAVID, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 5, 1988.

Attorney(s) appearing for the Case

Ray H. Ledford, Atlanta, Ga., (Court-appointed), for defendant-appellant.

H. Allen Moye, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before HILL, FAY and VANCE, Circuit Judges.

VANCE, Circuit Judge:

A jury convicted appellant, Lowden David, on charges of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846. In an earlier opinion we vacated the conviction and remanded the case to the district court for a determination of whether the prosecutor exercised peremptory challenges in violation of appellant's right of equal protection under Batson v. Kentucky, 476 U.S. 79

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